Ikioo Cryptocurrencies Services Terms of Use
Last revised: November 1, 2021
These Ikioo Technologies, Inc. (Ikioo) Cryptocurrencies Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Ikioo Cryptocurrencies operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Ikioo Services (as defined below) provided by Ikioo (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at www.ikioo.com/privacy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Ikioo Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF IKIOO CRYPTOCURRENCIES SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF IKIOO CRYPTOCURRENCIES SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) IKIOO SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Ikioo Cryptocurrencies Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Ikioo Cryptocurrencies or utilize Ikioo Cryptocurrencies services.
I. Definitions
1. Ikioo Cryptocurrencies refers to an ecosystem comprising Ikioo Cryptocurrencies websites (whose domain names include but are not limited to www.ikioo.com www.ikioo.io www.ikioowallet.com www.ikioowallet.io in addition to other URL’s, mobile applications, clients, applets and other applications that are developed to offer Ikioo Cryptocurrencies Services, and includes independently-operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
2. Ikioo Cryptocurrencies Operators :refer to all parties that run Ikioo Cryptocurrencies, including but not limited to legal persons, unincorporated organizations and teams that provide Ikioo Cryptocurrencies Services and are responsible for such services. For convenience, unless otherwise stated, references to “Ikioo Cryptocurrencies” and “we” in these Terms specifically mean Ikioo Cryptocurrencies Operators. UNDER THESE TERMS, IKIOO CRYPTOCURRENCIES OPERATORS MAY CHANGE AS IKIOO CRYPTOCURRENCIES’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF IKIOO CRYPTOCURRENCIES OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW IKIOO CRYPTOCURRENCIES SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE IKIOO CRYPTOCURRENCIES SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED IKIOO CRYPTOCURRENCIES OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
3. Ikioo Cryptocurrencies Services refer to various services provided to you by Ikioo that are based on Internet and/or blockchain technologies and offered via Ikioo Cryptocurrencies websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Ikioo Cryptocurrencies Services include but are not limited to such Ikioo Cryptocurrencies ecosystem components as Digital Asset Ikioo Healthcare related Goods and Services Platforms, in addition to ikioo Wallet and novel services to be provided by Ikioo.
4. Ikioo Cryptocurrencies Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Ikioo, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use Ikioo Services and who meet the criteria and conditions stipulated by Ikioo. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a centralized or decentralized form.
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. Ikioo Cryptocurrencies Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Ikioo Cryptocurrencies for Users to record on Ikioo Cryptocurrencies their usage of Ikioo Cryptocurrencies Services, transactions, asset changes and basic information. Ikioo Cryptocurrencies Accounts serve as the basis for Users to enjoy and exercise their rights on Ikioo Cryptocurrencies.
9. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Ikioo Cryptocurrencies Operators.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and Ikioo Cryptocurrencies, these Terms between you and Ikioo Cryptocurrencies Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, THE PRIVACY POLICY, IKIOO CRYPTOCURRENCIES PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND IKIOO ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF IKIOO CRYPTOCURRENCIES SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.
c. Changes to These Terms
Ikioo reserves the right to change or modify these Terms in its discretion at any time. Ikioo will from time to time, make such changes available, by updating the terms on its websites, and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF IKIOO SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING IKIOO SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF IKIOO CRYPTOCURRENCIES SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING IKIOO SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. IKIOO RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF IKIOO SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About Ikioo Cryptocurrencies
As an important part of the Ikioo Cryptocurrencies Ecosystem, Ikioo Cryptocurrencies mainly serves as a global online Healthcare platform for healthcare related Services and Goods Using Digital Assets, and provides Users with a ikioo Healthcare related Goods and Services Platform. As further detailed in Article 3 below, Users must register and open an account with Ikioo, and deposit ikioo Digital Assets into their account prior to receiving services. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although Ikioo has been committed to maintaining the accuracy of the information provided through Ikioo Services, Ikioo cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance, or appropriateness, nor shall Ikioo be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Ikioo Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Ikioo does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on Ikioo or any other communication medium. All Users of Ikioo Cryptocurrencies Services must understand the risks involved in Digital Assets trading and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. Ikioo Cryptocurrencies Account Registration and Requirements
a. Registration
All Users must apply for a Ikioo Cryptocurrencies Account at (https://www.ikioo.io) before using Ikioo Cryptocurrencies Services. When you register an Ikioo Cryptocurrencies Account, you must provide your real name, email address and password, and accept these Terms, the Privacy Policy, and other Ikioo Cryptocurrencies Platform Rules. You may also be subject to “The know your customer or know your client” (KYC) guidelines which require Ikioo to make an effort to verify the identity, suitability, and risks involved with maintaining a relationship with Ikioo customers. The procedures fit within the broader scope of an overall anti-money laundering (AML) Ikioo policy That is strictly guided by United States federal and state KYC and AML current and future legislations. Ikioo Cryptocurrencies may refuse, in its discretion, to open a Ikioo Cryptocurrencies Account for you. You agree to provide complete and accurate information when opening a Ikioo Cryptocurrencies Account and agree to timely update any information you provide to Ikioo to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more subaccounts under the main account with the consent of Ikioo. For certain Ikioo Cryptocurrencies Services, you may be required to set up a special account independent from your Ikioo Cryptocurrencies Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such accounts and are equally governed by the provisions of this article and article 6, unless otherwise stated in these Terms or the Supplementary Terms.
b. Eligibility
By registering to use a Ikioo Cryptocurrencies Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using Ikioo Cryptocurrencies Services; (iv) you do not currently have a Ikioo Cryptocurrencies Account; (v) If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of Ikioo Cryptocurrencies Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Ikioo reserves the right to change, modify or impose additional restrictions at its discretion at any time.
c. User Identity Verification
Your registration of an account with Ikioo will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Ikioo Cryptocurrencies, or for other lawful purposes stated by Ikioo. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate. AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, IKIOO RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF IKIOO SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO IKIOO DURING YOUR USE OF IKIOO CRYPTOCURRENCIES SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE IKIOO TO CONDUCT INVESTIGATIONS THAT IKIOO CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR IKIOO FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.
d. Account Usage Requirements
The Ikioo Cryptocurrencies Account can only be used by the account registrant. Ikioo reserves the right to suspend, freeze or cancel the use of Ikioo Cryptocurrencies Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Ikioo Cryptocurrencies immediately. Ikioo assumes no liability for any loss or damage arising from the use of Ikioo Cryptocurrencies Account by you or any third party with or without your authorization.
e. Account Security
Ikioo has been committed to maintaining the security of User entrusted funds and has implemented industry standard protection for Ikioo Cryptocurrencies Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Ikioo Cryptocurrencies Account and personal information.
You should be solely responsible for keeping safe of your Ikioo Cryptocurrencies Account and password and be responsible for all the transactions under your Ikioo Cryptocurrencies Account. Ikioo assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Ikioo Cryptocurrencies Account, you hereby agree that:
f. Personal Data
Your personal data will be properly protected and kept confidential, but Ikioo has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws. Depending on the products or services concerned, your personal data may be disclosed to the following third parties:
III. Ikioo Cryptocurrencies Services
Upon completion of the registration and identity verification for your Ikioo Cryptocurrencies Account, you may use Ikioo Cryptocurrencies Services available on the Ikioo platform, participating in User activities utilizing Ikioo Cryptocurrencies, etc., in accordance with the provisions of these Terms (including Ikioo Platform Rules and other individual agreements). Ikioo has the right to:
1. Service Usage Guidelines
a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, Ikioo grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Ikioo Cryptocurrencies Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Ikioo Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Ikioo Services should be stipulated at the discretion of Ikioo. Ikioo reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Ikioo Cryptocurrencies Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Ikioo Cryptocurrencies Services. Therefore, you hereby agree that when you use Ikioo Cryptocurrencies Services, Ikioo Cryptocurrencies does not transfer Ikioo Cryptocurrencies Services or the ownership or intellectual property rights of any Ikioo Cryptocurrencies intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Ikioo Cryptocurrencies Services, are exclusively owned, controlled and/or licensed by Ikioo Operators or its members, parent companies, licensors or affiliates.
Ikioo Cryptocurrencies owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Ikioo Cryptocurrencies or Ikioo Cryptocurrencies Services that you provide through any means of communication digital or otherwise. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Ikioo. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
b. Restriction
When you use Ikioo Cryptocurrencies Services, you agree and undertake to comply with the following provisions:
1) Trading services that make use of Ikioo Cryptocurrencies quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of Ikioo Cryptocurrencies.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Ikioo Cryptocurrencies.
By accessing Ikioo Services, you agree that Ikioo has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
IV. Liabilities
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IKIOO SERVICES, IKIOO CRYPTOCURRENCIES MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF IKIOO CRYPTOCURRENCIES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IKIOO EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. WITHOUT LIMITING THE FOREGOING, IKIOO DOES NOT REPRESENT OR WARRANT THAT THE SITE, IKIOO SERVICES OR IKIOO CRYPTOCURRENCIES MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IKIOO DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF IKIOO CRYPTOCURRENCIES SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT IKIOO WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY IKIOO AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY IKIOO; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY IKIOO.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IKIOO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF IKIOO SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF IKIOO CRYPTOCURRENCIES SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF IKIOO AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF IKIOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF IKIOO’s GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF IKIOO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF IKIOO AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF IKIOO CRYPTOCURRENCIES SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO IKIOO UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
3. Indemnification
You agree to indemnify and hold harmless Ikioo Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Ikioo Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Ikioo Cryptocurrencies Services. If you are obligated to indemnify Ikioo Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Ikioo will have the right, in its sole discretion, to control any action or proceeding and to determine whether Ikioo wishes to settle, and if so, on what terms.
V. Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.ikioo.io USERS SHOULD REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. IKIOO WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM OVERSIGHT, IGNORANCE OR NEGLIGENCE REGARDING THE ANNOUNCEMENTS.
VI. Termination of Agreement
1. Suspension of Ikioo Cryptocurrencies Accounts
You agree that Ikioo shall have the right to immediately suspend your Ikioo Cryptocurrencies Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to Ikioo Cryptocurrencies for any reason including if Ikioo suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Ikioo shall not be liable to you for any permanent or temporary modification of your Ikioo Cryptocurrencies Account, or suspension or termination of your access to all or any portion of Ikioo Cryptocurrencies Services. Ikioo shall reserve the right to keep and use the transaction data or other information related to such Ikioo Cryptocurrencies Accounts. The above account controls may also be applied in the following cases:
2. Cancellation of Ikioo Cryptocurrencies Accounts
In case of any of the following events, Ikioo shall have the right to directly terminate these Terms by cancelling your Ikioo Cryptocurrencies Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Ikioo Cryptocurrencies Account on Ikioo Cryptocurrencies and withdraw the corresponding Ikioo Account thereof:
Should your Ikioo Cryptocurrencies Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Ikioo Cryptocurrencies shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Ikioo is informed that any Digital Assets or funds held in your Ikioo Cryptocurrencies Account are stolen or otherwise are not lawfully possessed by you, Ikioo may, but has no obligation to, place an administrative hold on the affected funds and your Ikioo Cryptocurrencies Account. If Ikioo does lay down an administrative hold on some or all of your funds or Ikioo Cryptocurrencies Account, Ikioo may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Ikioo has been provided to Ikioo in a form acceptable to Ikioo. Ikioo will not involve itself in any such dispute or the resolution of the dispute. You agree that Ikioo will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute outside trades during the period of any such hold.
3. Remaining Funds After Ikioo Cryptocurrencies Account Termination
Except as set forth in paragraph 4 below, once a Ikioo Cryptocurrencies Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Ikioo Cryptocurrencies) will be payable immediately to Ikioo. Upon payment of all outstanding charges to Ikioo (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
4. Remaining Funds After Ikioo Cryptocurrencies Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Ikioo maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Ikioo Cryptocurrencies Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
VII. No Financial Advice
Ikioo is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Ikioo Cryptocurrencies Services. No communication or information provided to you by Ikioo is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all Ikioo cryptocurrencies purchase orders are executed automatically, based on the parameters of your order instructions and in accordance with customary execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Ikioo does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial and / or tax advisors prior to making any investment decision. Ikioo will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Ikioo.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Ikioo Cryptocurrencies Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF IKIOO CRYPTOCURRENCIES SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT IKIOO WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Ikioo maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
IX. Privacy Policy
Access to Ikioo Cryptocurrencies Services will require the submission of certain personally identifiable information. Please review Ikioo Privacy Policyies at www.ikioo.com/privacy for a summary of Ikioo Cryptocurrencies’ guidelines regarding the collection and use of personally identifiable information.
X. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Ikioo first! Ikioo wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Ikioo, then you should contact Ikioo, and a ticket number will be assigned. Ikioo will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Ikioo, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Ikioo. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Ikioo account email and phone number. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Ikioo. After you have provided the Notice of Claim to Ikioo, the dispute referenced in the Notice of Claim may be submitted by either Ikioo or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Ikioo for resolution internally and the delivery of a Notice of Claim to Ikioo are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Ikioo shall not be disclosed to the arbitrator.
JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST IKIOO CRYPTOCURRENCIES OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to Ikioo. If we request arbitration against you, we will give you notice at the email address you have provided. You agree that any notice sent to this email shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address on file with Ikioo is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be the State of California. Place of Hearing: The location of any in-person arbitration hearing shall be the State of California, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the federal laws of the United States of America and the local laws of the State of California. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except to the assigned arbitrator, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect, or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Ikioo agree that any claims relating to these Terms or to your relationship with Ikioo as a user of Ikioo Cryptocurrencies Services or other Ikioo services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Ikioo further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Ikioo.
4. Modifications. Ikioo reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Ikioo Cryptocurrencies account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, Ikioo may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable, and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
XI. Miscellaneous
1. Independent Parties. Ikioo is an independent party that is not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Ikioo Cryptocurrencies Services and other Ikioo Related Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Ikioo reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Ikioo websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Ikioo Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Ikioo will not be responsible for any modification or termination of Ikioo Services by you or any third party, or suspension or termination of your access to Ikioo Services.
4. Force Majeure. Ikioo will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Ikioo reasonable control.
5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. You may not assign or transfer any right to use Ikioo Cryptocurrencies Services or any of your rights or obligations under these Terms without prior written consent from Ikioo, including any right or obligation related to the enforcement of laws or the change of control. Ikioo may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
8. Third-Party Website Disclaimer. Any links to third-party websites from Ikioo Services does not imply endorsement by Ikioo of any product, service, information, or disclaimer presented therein, nor does Ikioo guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Ikioo will not be liable for such loss. In addition, since Ikioo has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Ikioo Cryptocurrencies Services, such activities and programs are provided by Ikioo and are not associated with Apple Inc. in any manner.
10. Contact Information. For more information on Ikioo, you may refer to the company and license information found on Ikioo websites. If you have questions regarding these Terms, please feel free to contact Ikioo for clarification via our Customer Support team at info@ikioo.com